Freedom of association trade union & CBA

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Freedom of Association and
Collective Bargaining

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Workers and Employers’ Organizations
(Trade Unions)

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- a person who has been dismissed, discharged, retrenched, laid off or
otherwise removed from employment in connection with a dispute;
- or as a consequence of that dispute;
- or whose dismissal, discharge, retrenchment, lay off or removal has led to
that dispute.
But it does not include
- a person employed as a member of the watch and ward; or
- security staff; or
- fire-fighting staff; or
- confidential assistant
Trade Unions
‘Worker’ means a worker defined under section 2 (65) (chapter one) and includes
Special definition of ‘worker’:
Section 175 of BLA’06

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- form a trade union in order to regulate the
relations between workers and employers or
workers and workers; and
- to join a trade union of their own choice
subject to the constitution of the union
concerned.
Trade Unions
Definition of ‘trade union’:
‘Trade union’ means trade union of workers or
employers formed and registered under Chapter
13 of Bangladesh Labour Act 2006 and shall
include federations of trade unions.
Trade unions of workers and employers:
a) All workers have the right to:
Section 2(15) of BLA’06
Section 176 of BLA’06

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b) All employers have the right:
Application for registration of a Trade Union:
Any trade union may apply for registration signed by its president and Gen.
secretary.
The application for registration of a trade union shall be made to the Registrar
of Trade Union (RTU) of the concerned area or to the officer authorized by him
on this behalf.
Trade Unions
Definition of ‘trade union’ (Contd.):
- to form a trade union in order to regulate the relations between
employers and workers or employers and employers and
- to join a trade union of their own choice subject to the constitution of
the union concerned.
Section 177 of BLA’06

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In order to get registered, a trade union needs to provide the
information as required in this section, such as
- the name and address of the trade union;
- the objective for formation of trade union;
- procedure regarding how to become a member of the union;
- the source of funds of the trade union;
- the manner in which the constitution shall be amended;
- the manner in which the trade union may be dissolved;
- the number of executive members (which shall be minimum 5 and
maximum 35 as may be prescribed by the rules);
Trade Unions
Requirements of registration
Section 179 of BLA’06

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 the manner of election of officers by the general body of the trade union and the tenure, not
more than two years for an establishment, and not more than three years for a group of
establishments;
Provided that if an election cannot be held within 2 years for a trade union and 3 years for a
group of establishments due to circumstances beyond control namely state of emergency,
serious natural disasters (force majure), the existing committee shall not be declared void.
 the procedure for expressing want of confidence in any officer of the trade union;
 number of trade union members (minimum membership requirement is 30% of the total
number of workers employed in the establishment. In some exceptional cases, majority of
the workers are required).
 In general case, not more than 3 trade unions shall be registered in any establishment.
Trade Unions
Requirements of registration (cont.)
Wherever a trade union is formed in an establishment, if there is 20 precent of the total
workforce are female, then at least 10% of female members shall be included in the executive
committee of the union.
Provided that those unions, which are registered under this (amendment) Act, shall be guided
by the same.
Section 179(1) of BLA’06 and Sec 51(a) of BL(A)A’13
Section 176(e) of BLA’06 and Sec 48 of BL(A)A’13

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 s/he has been convicted of an offence involving moral turpitude or an
offence under section 196(2)(d)1 or section 2982, and unless two years
have elapsed from the date of his/her release;
 s/he is not an employee in the establishment in which the trade union is
formed:
Provided that in Public Sector Industrial Enterprises, if trade union
members desire then they can elect ten percent non-worker members in
their executive committee.
1Compel or attempt to compel the employer to sign a memorandum of settlement or to accept
or agree to any demand by using intimidation, coercion, pressure, threat, confinement to or
ouster from a place, dispossession, assault, physical injury, disconnection of telephone, water
or power facilities or such other methods.
2Whoever dishonestly embezzles or misappropriates or converts to his own use any money of
the workers’ provident fund or the fund of the union, shall be punishable with imprisonment
for a term which may extend to three years, and shall also be liable to fine.
Trade Unions
Disqualification of trade union members and officers: no person shall be entitled
to be, or to be elected as a member or an officer of a trade union, if
Disqualification of trade union members
Section 180 of BLA’06 and Section 58 of BL(A)A’13

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Transfer of Trade Union President etc.: None of the executive committee
member of any trade union shall be transferred from one district to another
without his consent.
Trade Union Registration: no unregistered trade union or whose registration has
been cancelled shall function as a trade union.
Restriction on Dual Membership: no worker or employer shall be entitled to enroll
him/herself to be a member of more than one trade union in the same
establishment at the same time.
Trade Unions
Transfer, registration and restriction on dual membership
Section 187 of BLL’06 and Sec 54 of BL(A)A’13
Section 192 of BLA’06
Section 193 of BLA’06

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The registration of a trade union may be cancelled by the Registrar of Trade Union
(RTU), if the trade union has
 applied for cancellation of registration;
 ceased to exist;
 obtained registration by fraud or by misrepresentation of facts;
 contravened any of the basic provisions of its constitution;
 committed any unfair labor practice (section 196 of BLA’06);
 a membership size fallen short of the number required under this act;
 contravened any of the provisions of this act of or the rules;
 the RTU shall submit an application to the Labour Court praying for permission to
cancel such registration; within 30 days, after getting the permission from Labour
Court, the RTU shall cancel the registration.
Trade Unions
Cancellation of registration
Section 190 of BLA’06

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Following acts are unfair labour practices on the part of the employer:
 to impose any condition in employment contract to restrain the right to join a trade
union or continue membership of a trade union; or
 to refuse to employ or refuse to continue to employ any person on the ground that
such person is, is not, a member or officer of a trade union; or
 to discriminate against any person in employment on the ground that such person is,
is not, a member or officer of a trade union; or
 to dismiss, discharge, remove from employment or threaten to dismiss, discharge or
remove from employment a worker or injure or threaten to injure him in respect of
his employment by reason that the worker is or proposes to become, or seeks to
persuade any other person to become a member or officer of a trade union,
participate in the promotion, formation or activities of a trade union;
Trade Unions
Unfair labour practices by the employer
Section 195 of BLA’06

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 to induce any person to refrain from becoming , or to cease to be a member or
officer of a trade union, by conferring or offering to confer any advantage on, or by
procuring or offering to produce any advantages for such person or any person;
 to compel or attempt to compel any officer of the collective bargaining agent to
sign a memorandum of settlement or arrive at a settlement, by using intimidation,
coercion, pressure, threat, confinement to a place, physical injury, disconnection of
water, power and telephone facilities and such other methods;
 to interfere with, or in any way influence the election provided for in sec. 202 this
act;
Trade Unions
Unfair labour practices by the employer (cont.)

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 to recruit any new worker during the period of strike under this act or during the
period of a strike which is not illegal, except where the conciliator has, being
satisfied that complete cessation of work is likely to cause serious damage to the
machinery of installation, permitted temporary employment of a limited number of
workers, in the section where the damage is likely to occur;
 to fail deliberately to take any actions as recommended by the participation
committee;
 to fail to give reply to any communications made by the collective bargaining agent
in respect of any industrial dispute;
 to transfer any of the executive committee members of any registered trade union
in contravention of this act;
 to commence, continue, instigate or incite others to take part in an illegal lockout.
Trade Unions
Unfair labour practices by the employer (cont.)

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 Without the permission of the employer no worker shall be engaged in
any trade union activities (related to the participation in any committee,
negotiation, conciliation, arbitration or proceedings under this Act)
during the office hours except:
the trade union activities of the President or the General Secretary of their
trade union and the employer being properly informed of such activities;
 activities related to intimidate any person to become, or refrain from
becoming or to continue to be, or to cease to be a member or officer of
a trade union;
Trade Unions
Unfair labour practices by workers
The following acts fall under unfair labour practices on the part of the worker:
Section 196 of BLA’06

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 to induce any person to refrain from becoming, or cease to be a
member or officer of a trade union, by conferring or offering to confer
any advantage on, or by procuring or offering to procure any advantage
for, such person or any other person;
 to compel or attempt to compel any worker to pay, or refrain from
paying, any subscription towards the fund of any trade union by using
intimidation, coercion, pressure, threat, confinement to a place,
physical injury, disconnection of telephone, water or power facilities or
such other methods;
Trade Unions
Unfair labour practices by workers (cont.)

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Trade Unions
Unfair labour practices by workers (cont.)
 to compel or attempt to compel the employer to sign a memorandum of settlement
or accept or agree to any demand by using intimidation, coercion, pressure, threat,
confinement to or ouster from a place, dispossession, assault, physical injury,
disconnection of telephone, water or power facilities or such other methods;
 to commence, continue an illegal strike or a go-slow or instigate or incite others to
take part in an illegal strike or a go-slow;
 to resort to gherao, obstruction to transport or communications system or
destruction of any property in furtherance of any demand or object of a trade
union.
 It is the unfair practice for a trade union to interfere with a ballot by the undue
influence, intimidation, impersonation or bribery through its executive or through
any other person acting on its behalf.

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Workers‘ Responsibilities
Workers should
• not be a member of more than one trade union at a time
• not intimidate any person to become a member / officer of a trade union
• not compel any worker to pay subscription to any trade union by using
threat
• not compel the employer to sign a memorandum of settlement or agree
to any demand by using threat, confinement to a place, physical injury,
disconnection of telephone, water or power facilities etc.
• not commence, continue an illegal strike
• not resort to gherao (strike) or destruction of any property in furtherance
of any demand or object of a trade union.

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Consequences of non-compliance with trade
union legislation
 Unhealthy relationship between workers and management
 Workers are deprived of their right to form associations and bargain
collectively
 Workers cannot voice demands and grievances in front of management
 No possibility to discuss and solve problems jointly
 Loss of chances of getting conflicts resolved before they get bigger
(complicated)
 Risk of labour unrest

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IndustrialDispute

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- employers and employers, or
- employers and workers, or
- workers and workers,
- employment or non-employment, or
- the terms of employment, or
- the conditions of work of any person.
Industrial Dispute
Definition of Industrial Dispute: ‘Industrial dispute’ means any dispute or
difference between
which is connected with
Section 2(62) of BLA’06

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‘Collective bargaining agent’ means a
workers’ trade union or a trade union
federation (fulfilling certain
conditions) which, under chapter 13,
is the agent of the workers in the
establishment, or group of
establishments, for collective
bargaining matters.
Industrial Dispute
Collective bargaining agent Section 2(52) of BLA’06

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A dispute is an industrial dispute only when it is raised either by a collective
bargaining agent or an employer as per Chapter 14 of BLA’06.
Settlement of industrial dispute
Industrial Dispute
Raising of an industrial dispute
 At any time, if any employer or a collective bargaining agent finds that an
industrial dispute may arise between the employer and the workers, or any
of the workers, then the employer or the collective bargaining agent, as the
case may be, shall communicate his views in writing to the other party.
Section 209 of BLA’06
Section 210 of BLA’06

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 Within 15 days of the receipt of such communication, the receiving
party shall arrange a meeting for collective bargaining on the issue
raised, in consultation with the representatives of the other party.
Such meeting may be held with the authorized representatives of the
parties.
 If the parties reach a settlement on the issues discussed,
Industrial Dispute
Raising of an industrial dispute (cont.)
1Through notification in the Official Gazette the Government shall appoint a conciliator for any specific area
or any industrial establishment or industry.
- A memorandum of settlement shall be recorded in writing and
signed by both the parties;
- A copy of such settlement shall be forwarded by the employer to
the Government, the Director of Labour and the Conciliator1;

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Industrial Dispute
Raising of an industrial dispute (cont.)
 If the party receiving a communication under sub-section (1) of sec. 210
fails to arrange a meeting within 15 days, or
 No settlement is reached within one month from the date of the first
meeting for negotiation, or such further period as may be agreed upon in
writing by both the parties, then within 15 days from the expiry of the
specified period, any of the parties may report the matter to the
conciliator and request him in writing to conciliate in the dispute and the
conciliator shall proceed to conciliate the dispute within 10 days from the
receipt of such request.

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 The conciliator shall start conciliation and shall call a meeting of the
parties to bring about a settlement.
 If the dispute is settled the conciliator shall send a report to the
Government together with a memorandum of settlement signed by the
parties.
 If the dispute is not settled within 30 days from the receipt of conciliation
request, the conciliation proceedings shall be regarded as failed or the
conciliation may be continued for a further period as may be agreed upon
in writing by the parties.
 The Director of Labour may take over any conciliation proceedings pending
with any conciliator at any time and proceed to conciliate in the dispute
himself or transfer such proceedings to any other conciliator.
Industrial Dispute
Raising of an industrial dispute (cont.)

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 If the conciliation proceeding fails, the conciliator shall try to
persuade the parties to agree to refer the dispute to an arbitrator.
 If the parties do not agree to refer the dispute to an arbitrator, the
conciliator shall issue a certificate of failure to the parties within 3
days of failure of the conciliation proceedings.
 If the parties agree to refer the dispute to an arbitrator, they shall
make a joint request in writing to an arbitrator agreed upon by them.
 The arbitrator may be a person borne on a panel to be maintained by
the Government or any other person agreed upon by the parties.
Industrial Dispute
Raising of an industrial dispute (cont.)

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 The arbitrator shall give award within 30 days from the date on which
the dispute is referred to him, or such further period as may be agreed
upon in writing by the parties.
 After the award the arbitrator shall forward a copy thereof to the
parties and the Government.
 The award of the arbitrator shall be final and no appeal can be made.
 An award shall be valid for a period not exceeding 2 years as may be
fixed by the arbitrator(s).
Industrial Dispute
Raising of an industrial dispute (cont.)

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1. Give to the other party a notice of strike or
lock-out, as the case may be, to commence
on a day (within not less than seven days
and not more than fourteen days) to be
specified therein,
or
make an application to the Labour Court
for adjudication (settlement) of the
dispute.
But no CBA shall serve any notice of strike
unless two-third of its members have given
their consent to it through secret ballot
under supervision of the conciliator.
Industrial Dispute
Strike and lock-out
Within 15 days of issuance of the failure
certificate by the conciliator, the party which
raised the dispute, may either
Section 211 of BLL’06 and Sec 59 of BL(A)A’13

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2. After commencement of a strike or lock-
out, any of the parties may apply to the
Labour Court for adjudication (settlement)
of the dispute.
3. The Government may prohibit the strike or
lock-out by order in writing if a strike or
lock-out lasts for more than 30 days.
4. The Government may prohibit the strike or
lock-out any time even before the strike or
lock-out has started if it is causing serious
hardship to the community or is harmful to
the national interest and also in the case of
affecting the public utility services.
Industrial Dispute
Strike and lock-out (cont.)

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5. In case of such prohibition by the Government the dispute shall be referred
to the Labour Court by the Government.
6. After giving both the parties an opportunity of being heard, the Labour
Court shall make an award for this dispute as soon as possible but within 60
days from the date the dispute was referred.
Also any delay in making an award by the Labour Court shall not affect the
validity of any award made by it.
The Labour Court may make an interim award for dispute or any other
matter.
Industrial Dispute
Strike and lock-out (cont.)

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7. An award shall be effective for a period as specified in the award but
shall not be more than two years.
8. No strike or lock-out is allowed in an establishment for a period of
three years from the date of commencement of production, if such
establishment
But all other provisions of this Chapter, relating to resolve of industrial
dispute, shall apply to such establishments.
Industrial Dispute
Strike and lock-out (cont.)
- is a new one
- owned by foreigners
- is established in collaboration with foreigners

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a) make a request to the conciliator to conciliate within the time specified in
sub-section 4 of 210, or
b) commence a strike or lock-out, as the case may be, on the date specified in
the notice served under sub-section 1 of 211, or
c) refer the dispute to the Labour Court for settlement or serve notice of strike
or lock-out, as the case may be, within the specified period in sub-section 1
of 211
the dispute shall cease to exist.
Industrial Dispute
Cessation of an industrial dispute
If the party (who raised the dispute) fails to
Once a dispute is ceased in any of the above ways, no fresh dispute on the same
subject shall be raised within 01 year from the date of such dispute.
Section 212(1) of BLA’06
Section 212(2) of BLA’06

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